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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #41 (permalink)  
Old 09-05-2013, 05:42 PM
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Love your insights and feedback baldclub, just wonder what the judge then awarded you at your trial? Self-representing myself and was packaged off from work in the process as I try and pursue shared custody, somd joint decision making and 50/50 time sharing. Feeling a little deflated and concerned about the unemployed angle at the moment.
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Old 09-05-2013, 05:49 PM
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Children are not 12 and 9 and were not at the time of the judge's order, they are soon though. Judge did order both a s.89 and a s.112. I have not heard a decision from the OCL on the matter as of yet. Realy I want to see an assessment as I have concerns of "coaching" or alienation by the other party and they like your case made some very damanging claims about me and about me as a parent and have no evidence to support unless they've coached the children to say and feel that way.
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Old 09-06-2013, 10:36 PM
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Received a response from the OCL. They've taken the case and are appointing a lawyer to represent the children. This is not what I wanted, I wanted an assessment that I could challenge at trial if I did not like. My ex is making wild claims about me as a parent and as to how the children feel around me / with me? What if she has coached them or alienated me and they tell the lawyer what she has claimed? I can't cross examine the OCL lawyer at trial correct? So now no third party report but rather a lawyer for children who may have been coached / scared into saying what my ex wants them to say.
  #44 (permalink)  
Old 09-06-2013, 10:55 PM
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Quote:
Originally Posted by DontGiveUp View Post
Received a response from the OCL. They've taken the case and are appointing a lawyer to represent the children. This is not what I wanted, I wanted an assessment that I could challenge at trial if I did not like. My ex is making wild claims about me as a parent and as to how the children feel around me / with me? What if she has coached them or alienated me and they tell the lawyer what she has claimed? I can't cross examine the OCL lawyer at trial correct? So now no third party report but rather a lawyer for children who may have been coached / scared into saying what my ex wants them to say.
I knew that a lawyer would be appointed, you can explain to your children that a judge will order equal time with both parents, but I wouldn't say much more.

You can google advocacy for children, and give them materials, on that. But don't coach children and don't involve them in adult conflict.
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Old 09-07-2013, 09:41 PM
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How can I say to the kids that a judge will order equal time for the children with both. That is what I am pursuing but no guarantee and especially if the kids have been coached, brainwashed, alienated, and that leads the OCL Lawyer to report the children are happy with the ways things are or even worse don't want to spend time or more time with me? And I won't know until court what the lawyer is presenting so how to combat that?
  #46 (permalink)  
Old 09-09-2013, 10:59 AM
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HI: I am a bit confused...don't all OCL cases go through a clinical investigator?
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Old 09-09-2013, 02:00 PM
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I thought so too.

My ex is refusing to have a discussion with me on a section 7 expenditure item first before enrolling. I went to her lawyer and her response was well since the OCL has decided to get involved I will defer to them for their investigation/recommendation? That was her solution, so does the child sit in limbo now on the sect 7 expenditure because Mom won't have a discussion like an adult would and I don't get the lawyer's response, a lawyer has been appointed for the children, not an assessor necesarily. Isn't it up to the lawyer to determine if an assessor is to be involved as well?
  #48 (permalink)  
Old 09-09-2013, 09:37 PM
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We have a term in our separation that we agree to joint decision make on any extraordinary and special expenditures. She ignores this term of the agreement.
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Old 09-09-2013, 10:06 PM
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I think we are not off topic.
  #50 (permalink)  
Old 09-09-2013, 10:51 PM
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Rumour has it that OCL is taking our case. So... I may have more to contribute to this thread shortly.

I'll start with: the application deadline was July 27, 2013, so I can only assume that both applications (mine and Xs) were sent in by that date.

Apparently Xs lawyer believes the case was accepted, but my lawyer knows nothing about it. Geesh.

I'll keep you posted.
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